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GIRARD SCHOOL DIST. ET AL. v. PITTENGER ET AL.

No. 1475 C.D. 1975.

29 Pa.Commw. 176 (1977)

Girard School District et al., Plaintiffs v. John C. Pittenger, as Secretary of Education and Chief Executive Officer of the State Board of Education, et al., Defendants.

Commonwealth Court of Pennsylvania.

March 9, 1977.

Attorney(s) appearing for the Case

Reed B. Day, with him Robert T. Crothers, and Peacock, Keller, Yohe & Day, for plaintiffs.

Edward A. Miller, Deputy Attorney General, for defendants.

Steven S. Goldberg, with him Irene Solet and Stephen C. Miller, for amicus curiae, Parents Union for Public Schools in Philadelphia.

William Fearen, with him Michael I. Levin, and Cleckner & Fearen, for amicus curiae, Pennsylvania School Boards Association.

Argued December 7, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, March 9, 1977:

Plaintiffs, twenty-nine (29) local school districts and three (3) taxpayers residing in three of those school districts, filed a complaint in equity and a petition for declaratory judgment in this Court alleging that the State Board of Education (State Board) lacks authority to promulgate certain regulations entitled "Students Rights and Responsibilities" and found at 22 Pa. Code § 12.1 et seq. Plaintiffs pray...

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